Trademark cancellations are legal attempts by a business or individual to prohibit the continued registration of another trademark. Cancellations are typically filed if one party believes the other party’s trademark has damaged their business reputation or is too similar to their own trademark.
Trademark Cancellation Process
Petitioning to cancel another trademark’s registration is a lengthy process. You must first file a petition for cancellation with Trademark Trial and Appeal Board. After a cancellation schedule, which includes additional paperwork filing dates and hearing dates, is set the defendant (business or individual whose trademark was petitioned for cancellation) will have 40 days to respond. The defendant can either comply with the petition or file a motion for dismissal.
The defendant must then prove their trademark is not infringing on the petitioner’s trademark. This may require several months of information gathering, or discovery, before the case is heard before the trial and appeal board. In some cases, trademark cancellation proceedings last several months or years depending on the complexities of the case.
If the defendant chooses not the respond to the petition within 40 days, the trademark is automatically cancelled by the trial and appeal board.
Trademark Cancellation: What to Do?
If faced with possible trademark cancellation, it is up to you to adequately defend the trademark or make changes to the trademark to appease the petitioner. Retaining the services of an attorney trained in trademark law is your best option when dealing with possible trademark cancellation.
Trademark attorneys can aid you during the discovery phase, file the necessary paperwork, respond to petitioners on your behalf, and represent you in court.
Filing a Trademark Cancellation Petition
In most cases, you may file a trademark cancellation petition within 5 years of the registration date listed in trademark paperwork. But, exceptions may be made as necessary. Hire an attorney with extensive knowledge of the trademark cancellation process to determine if you have a case as this can be an expensive and time consuming undertaking, especially if the defendant is ready to fight back.
Contact Lexero Today
Lawyers at the Lexero Law Firm are here to answer all questions about the trademark cancellation process. Our attorneys can guide you through possible alternatives and carefully explain how the process works, how to save time and money in filing or fighting a cancellation petition, and protecting your registered trademarks.